Florida Statutes
Fla. Stat. § 38.12 (2025)
Resignation, death, or removal of judges; disposition of pending matters and papers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation or impeachment, shall file all papers pending before them with the clerk of the court in which the cause is pending; and the executor or administrator of any judge who dies pending any matter before him or her shall file all papers found among the papers of his or her intestate or testator with the said clerk.
History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch. 95-147.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1966–2025 · leading case: Kelley v. State, 637 So. 2d 972 (Fla. 1st DCA 1994).
Kelley v. State, 637 So. 2d 972 (Fla. 1st DCA 1994). “Section 38.12, Florida Statutes (1991), explicitly provides: "Upon the resignation, death, or impeachment of any judge, all matters pending before him shall be heard and determined by his successor, and parties making any motion before such judge shall suffer no detriment by…”
Bradford v. Found. & Marine Constr. Co., 182 So. 2d 447 (Fla. 2d DCA 1966). “12 states, in pertinent part: "Upon the resignation, death or impeachment of any judge, all matters pending before him shall be heard and determined by his successor, and parties making any motion before such judge shall suffer no detriment by reason of his resignation, death or…”
Lakeshore Technical Coll. v. Anthology Inc (S.D. Fla. 2025). “§ 38.12 (1). The members of each district board, other than the district board governing the Milwaukee Area Technical College, must be residents of the district and include two employers, two employees, three additional members, a school administrator, and an elected official…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.